STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT 51 Transitional and savings

STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT 51

51. (1) The Australian Army Reserve is, for all purposes, a continuation,
under that name, of the part of the Army previously known as the Citizen
Military Forces.

(2) The reserve of officers referred to in section 25 of the Principal Act
shall be deemed to have been disbanded upon the proclaimed date.

(3) All officers whose names were, immediately before the proclaimed date,
included on the reserve of officers list kept in accordance with section 25 of
the Principal Act shall, on that date, be deemed to have been duly appointed
to the Inactive Australian Army Reserve, and the provisions of the Principal
Act as amended by this Act and the regulations in force under the Principal
Act as so amended apply to and in relation to them accordingly.

(4) An officer serving in the Regular Army Reserve immediately before the
proclaimed date shall, on that date, be deemed to have been duly appointed to
the Inactive Australian Army Reserve, and the provisions of the Principal Act
as amended by this Act and the regulations in force under the Principal Act as
so amended apply to and in relation to him accordingly.

(5) A soldier serving in the Regular Army Reserve immediately before the
proclaimed date shall, on that date, be deemed, for all purposes of this Act,
to have been engaged to serve in the Inactive Australian Army Reserve for a
period equal to the balance of the period for which he had been engaged to
serve in the Regular Army Reserve and, subject to sub-section (6), the
provisions of the Principal Act as amended by this Act and the regulations in
force under the Principal Act as so amended apply to and in relation to him
accordingly.

(6) A soldier serving in the Regular Army Reserve immediately before the
proclaimed date shall not, in relation to his being deemed to have been so
engaged to serve in the Inactive Australian Army Reserve, take and subscribe a
fresh oath or make a fresh affirmation but, upon his being deemed to have been
so engaged, references to the Regular Army Reserve in the oath taken and
subscribed by him, or in the affirmation made by him, at the time of his
having been engaged to serve in the Regular Army Reserve shall be deemed to
include references to the Inactive Australian Army Reserve.

(7) Where, immediately before the proclaimed date, a period of military
service that was to be rendered during a period (in this sub-section referred
to as "the relevant period") that commenced before, and ends after, that date
was fixed for the purposes of section 50 of the Principal Act with respect to
a part, or a class of members, of the Citizen Military Forces that is
continued in existence on and after that date under the name Australian Army
Reserve -

   (a)  the amendments of section 50 of the Principal Act made by this Act do
        not apply to or in relation to members of that part or class of the
        Australian Army Reserve (including persons who become members of that
        part or class after that date) until the expiration of
        the relevant period; and

   (b)  section 50 of the Principal Act and the regulations in force for the
        purposes of that section immediately before that date continue to
        apply, notwithstanding those amendments, to and in relation to those
        members as if those amendments had not been made.

(8) All regulations in force under the Principal Act immediately before the
proclaimed date continue in force except insofar as they are inconsistent with
the Principal Act as amended by this Act, but any such regulations may be
amended or repealed by regulations made under the Principal Act as amended by
this Act.

(9) In this section, "proclaimed date" means the date that is fixed by
Proclamation under sub-section 2(2).